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2022 (3) TMI 1383 - Tri - Insolvency and BankruptcyPower/Jurisdiction of Tribunal to review/recall its own order - present proceeding have been initiated on fraudulent basis or not - HELD THAT:- In the present matter, the respondent had appeared on 04.02.2021 and thereafter, matter was adjourned for 25.03.2021. On that day the respondent was directed to file the reply within two weeks. On 25.03.2021, no one has appeared on behalf of the Respondent/Corporate Debtor. Even, the reply was not filed. Accordingly, the right to file the reply was closed and the order was to be fixed for 17.09.2021. On the said date, the Ld. Counsel for the Corporate Debtor appeared and stated that the reply’ could not be filed as one of his office colleagues tested Covid19 positive and therefore, other colleagues including himself were quarantine. Though, no such record was placed on record, but even then, taking a lenient view, this Tribunal granted further 10 days time to file the reply. Despite that the reply was not filed on behalf of the respondent, even on the next date fixed i.e. 22.07.2021. Accordingly, the right to file the reply was closed. Hence, as per record sufficient opportunities were given to the respondent to file the reply, but the respondent kept on lingering the matter one pretext or other. This Tribunal is vested with no powers to recall or review its own orders once the specific findings have been recorded though qua the procedural aspects - The NCLAT, New Delhi noted that there is no express provision for ‘review’ under the NCLAT Rules, and that the applicant/appellant cannot fall back upon Rule 11 of the NCLAT Rules, which provides for ‘inherent powers’. Hence this Tribunal has got no jurisdiction to review/recall its own order. The present application being devoid of any merit stands dismissed.
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